HomeMy WebLinkAboutLetter (fence height) - 08/24/2010 (o SI4C f
City of Oshkosh
Dept. of Community Development
215 Church Ave., PO Box 1130
Oshkosh, WI 54903 -1130
(920) 236 -5059 (920) 236 -5053 FAX
O.IHKOIH
ON THE WATER
August 24, 2010
Mr. Donald Brunner
1319 Monroe Street
Oshkosh, WI 54901
Re: 1319 Monroe Street
Dear Mr. Brunner:
The purpose of this letter is to summarize your options regarding the fence height issue at your property located at 1319
Monroe Street.
As you will recall, our office originally issued a correction notice to your attention on 09/17/09 as a complaint was filed
that your rear yard fencing exceeded the permitted 6' height requirement measured from established grade. Following
continued complaints, a field verification/inspection determined the rear yard fencing measures 6'11" from the
established grade. A second correction notice was subsequently issued on 07/20/10 advising of the need to correct the
violation.
You came into our offices to further discuss the matter with me on 08/09/10. At that time you confirmed to me that
after you installed the fencing at the existing height (i.e. 6' 11 "), you brought in a large amount of fill material to re-
grade the rear yard area of your home. You communicated to me that in your opinion the fence height should be
measured from the newly graded fill elevation. However, I responded to you Section 30 -35 (E)(7) states, "the height of
a fence shall be measured from the established grade." Therefore, the established grade and commencement point for
measuring the fence height would be the vertical elevation of the ground surface PRIOR to excavation and/or filling.
You currently have two options to gain compliance with this matter. First, you would need to remove the section of
fencing currently not complying with the height standards and re- install it to the code compliant height of 6' measured
from the grade established prior to your filling activities. Second, you could apply the City of Oshkosh Board of
Appeals to request a variance to the zoning ordinance standards. I have enclosed the application material with this
correspondence. Please be advised this option requires you to submit a $125.00 filing fee, which is non - refundable.
Please let me know by September 14, 2010 which option you intend to pursue to gain compliance.
Thank you,
Todd M. Muehrer
Associate Planner /Zoning Administrator
cc: Property file